Tag: § 1983

February 19-21, 2024, opinions

February 22, 2024

Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

February 12, 2024, opinions

February 14, 2024

Designated for publication Wilson, J. (Smith, Graves, Wilson), Graves, J., dissenting; criminal Affirming conviction of possession of a firearm by an illegal alien, rejecting argument that the government had failed to prove beyond a reasonable doubt that the defendant knew he was unlawfully in the United States when he possessed the firearm. The defendant argued … More February 12, 2024, opinions

February 8, 2024, opinions

February 9, 2024

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack … More February 8, 2024, opinions

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions

January 30, 2024, opinions

January 31, 2024

Designated for publication Douglas, J. (King, Willett, Douglas), bankruptcy Affirming bankruptcy court judgment dismissing affirmative defense based on pre-bankruptcy indemnity agreement, which had been asserted by defendant to bankruptcy liquidation trustee’s suit arising from misstatements made by defendant charged with helping raise funds for construction of debtor’s facility, on basis that the affirmative defense was barred … More January 30, 2024, opinions

January 22, 2024, opinions

January 23, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), bankruptcy Reversing district court’s dismissal of preference action by secured creditor of debtor that had received the debtor’s rights in the preference action against the former CFO of debtor to avoid transfers of funds to the former CFO just prior to the debtor’s bankruptcy petition, and remanding … More January 22, 2024, opinions

January 19, 2024, opinions

January 22, 2024

Unpublished per curiam (Richman, Haynes, Duncan), qualified immunity Affirming summary judgment dismissal of excessive force and false arrest claims on qualified immunity grounds, reversing denial of qualified immunity on fabrication of evidence claim, and remanding for entry of summary judgment dismissing all claims. per curiam (Clement, Engelhardt, Ramirez), prisoner suit Dismissing as frivolous appeal from … More January 19, 2024, opinions

January 12, 2024, opinions

January 15, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions

January 9, 2024, opinions

January 10, 2024

Unpublished per curiam (Richman, Stewart, Scholer, by designation), Title VII, Family and Medical Leave Act, employment discrimination, sanctions, discovery Affirming summary judgment dismissal of Title VII, Rehabilitation Act, and FMLA discrimination claims against former employer, and discovery decisions and denial of motion for sanctions. per curiam (King, Haynes, Graves), criminal Affirming conviction on bank robbery … More January 9, 2024, opinions